In terms of Section 2(h)(d) of the RTI Act, 2005, any authority or body or institution of selfgovernment established or constituted by notification issued or order made by the appropriate Government including any (i) body owned, controlled or substantially financed; (ii) non - Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government is considered as public authority.

It is the obligation and responsibility of each and every Public Authority established under Section 2(h) of the RTI Act, 2005 to implement the provisions of the RTI Act. They are also under obligation to undertake the suo motu/proactive disclosure as mandated under Section 4(1)(b) of the RTI Act and comply with the guidelines issued by the Government from time to

time.

In this regard, the Government issued exhaustive guidelines on implementation of suo motu disclosure under section 4 of RTI Act, 2005 vide OM No.1/6/2011-IR dated 15.04.2013 which were reiterated on 07.11.2019.

Para 4.5 of the aforesaid guidelines provide that the Central Information Commission should examine the third-party audit reports for each Ministry/Public Authority and offer advice/recommendations to the concerned Ministries/ Public Authorities.

Further, as per Section 25(5) of the RTI Act, if it appears to the Central Information Commission (CIC) that the practice of a public authority in relation to the exercise of its functions under this Act does not conform with the provisions or spirit of this Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity. The CIC being the apex adjudicatory body set up under Section 12(1) of the RTI Act, functions autonomously without being subjected to directions by any other Authority under the RTI Act.

Furthermore, the CIC in terms of Sections 18-20 of the RTI Act, have sufficient powers to enquire into complaints and to adjudicate appeals, including complaints regarding any public authority claiming itself to not be a public authority.

This information was given by Dr. Jitendra Singh, Union Minister of State (Independent Charge) for Science and Technology, Earth Sciences, MoS PMO, Department of Personnel, Public Grievances and Pensions, Department of Space and Department of Atomic Energy, in a written reply in the Rajya Sabha today.

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